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ORDINANCE NO. C;Z_6e7�
AN ORDINANCE of the City of Kent,
U Washington, relating to crimes and offenses
against the public order; adding a new Section
9.02.34 Kent City Code, prohibiting lewd
l�\ conduct; adding a new Section 9.02.35 Kent City
C 1` Code, prohibiting urinating in public;
d providing for penalties; repealing KCC
9.02.120(17), concerning public indecency.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. A new Section 9.02.34 Kent City Code is added
as follows:
9.02.34. LEWD CONDUCT.
A. A person is guilty of lewd conduct if the person
intentionally performs any lewd act in a public place, or at a
place and under circumstances where such act could be observed by
any member of the public.
B. For purposes of this Section 9.02.34, or as other-
wise referenced, the following definitions shall apply:
1. "Lewd act" means:
a. An exposure of one's genitals or female
breasts; or
b. The touching, caressing or fondling of the
genitals or female breasts; or
C. Sexual intercourse. For purposes of this
section, sexual intercourse has its ordinary meaning, and occurs
upon any penetration, however slight; it also means any act of
sexual conduct between persons involving the sex organs of one
person and the mouth or anus of another.
d. Masturbation.
2. "Public place" is an area generally visible to
public view and includes streets, sidewalks, bridges, alleys,
plazas, parks, driveways, parking lots, motor vehicles (whether
moving or not), and buildings open to the general public,
including those which serve food or drink or provide entertain-
ment, and the doorways and entrances to buildings or dwellings and
the grounds enclosing them.
C. This Section 9.02.34 shall not be applied to
artistic or dramatic performances in a theater or a museum.
D. Any person who commits an act of lewd conduct shall
be guilty of a misdemeanor pursuant to KCC 9.02.108.
Section 2. A new Section 9.02.35 Kent City Code is added
as follows:
9.02.35. URINATING IN PUBLIC.
A. A person is guilty of urinating in public if the
person intentionally urinates or defecates in a public place,
other than a washroom or toilet room, under circumstances where
such act could be observed by any member of the public.
B. "Public place" as used in this Section 9.02.35 has
the meaning defined in Section 9.02.34B2.
C. Any violation of the provisions of this Section
shall be an infraction, and any person found in violation shall be
subject to a penalty not to exceed $250.00.
Section 3. KCC 9.02.120 is amended as follows:
9.02.120. The following sectionsof Title 9A of the
Revised Code of Washington are hereby adopted by reference upon
becoming effective July 1, 1976 and shall be given the same force
and effect as if they were adopted in their entirety:
(1) 9A.08.020 Liability for conduct of another -
complicity.
(2) 9A.28.030 Criminal solicitation.
(3) 9A.28.040 Criminal conspiracy.
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(4) 9A.36.050 Reckless endangerment.
(5) 9A.36.070 Coercion.
(6) 9A.48.090 Malicious mischief in the third degree.
(7) 9A.48.100 Definition.
(8) 9A.52.100 Vehicle prowling.
(9) 9A.56.170 Possessing stolen property in the third
degree.
(10) 9A.72.040 False swearing.
(11) 9A.72.150 Tampering with physical evidence.
(12) 9A.76.090 Rendering criminal assistance in the
third degree.
(13) 9A.76.100 Compounding.
(14) 9A.76.160 Introducing contraband in the third
degree.
(15) 9A.84.010 Riot
(16) 9A.84.040 False Reporting.
(17) (( )) [Reserved].
(18) 9A.88.030 Prostitution.
(19) 9A.88.090 Permitting prostitution.
Section 4. Severability. If any section, subsection,
paragraph, sentence, clause or phrase of this ordinance is
declared unconstitutional or invalid for any reason, such decision
shall not affect the validity of the remaining portions of this
ordinance.
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Section 5. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication as provided by law.
ISABEL HOGAN, MAYUR
ATTEST:
J J,,
MARIE JENSE , ITY CLERK
APPROVED AS TO FORM:
i � �� ((Z--)* / (2 - � L.
P. S HEN DiJ , CITY ATTORNEY
PASSED theday of �1985.
APPROVED the 2L,,d day of �, 1985.
PUBLISHED the -5-& day of 1985.
I hereby certify that this is a true copy of Ordinance
No.Ooks 6 , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereo
indicated.
02500-110
( SEAL )
MARIE J N EN, CI Y CLERK
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